(a)paragraph 26(1) of Schedule 2 to the 1996 Act (meaning of “relevant council”) shall have effect from 1st October 1997 as if the Boroughs of Halton and Warrington had ceased to form part of the County of Cheshire on that date; and

(b)accordingly, the appointments which are required to be made to the Cheshire police authority by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by Cheshire County Council and the Councils of the Boroughs of Halton and Warrington (as relevant councils) in accordance with that provision.

(3) For the purposes of the functions referred to in paragraph (1)(b) above—

(a)section 19(2)(b) of the 1996 Act (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 2 to that Act was a reference to the members so appointed by virtue of paragraph (2) above; and

(b)the members of the Cheshire police authority appointed under paragraph 2 of that Schedule otherwise than under paragraph (2) above shall not participate in the discharge of those functions.

(4) In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above—

(a)shall, for the purposes of paragraph 4(1)(b) of Schedule 2 to the 1996 Act, ignore any member of Cheshire County Council elected for an electoral division in the Boroughs of Halton and Warrington, and

(b)shall not appoint any such member to the Cheshire police authority under paragraph 2(2) of that Schedule.

(5) A member of the Cheshire police authority who was appointed under paragraph 2 of Schedule 2 to the 1996 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of that Authority on 1st April 1998.

(6) In determining the period of a term of years for the purpose of paragraph 16 of Schedule 2 to the 1996 Act (term of appointment of members of a police authority), any period as a member of the Cheshire policy authority prior to 1st April 1998 under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of that authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.

3. Schedule 1 to the 1996 Act (police areas) shall be amended by inserting after the word “Cheshire” in the right-hand column opposite the name of the Cheshire police area the words “and the non-metropolitan districts of Halton and Warrington”.

Alun MichaelMinister of StateHome Office28th July 1997

Explanatory Note

(This note is not part of the Order) This Order makes provision consequential on the structural change effected by the Cheshire (Boroughs of Halton and Warrington) (Structural Change) Order 1996 (S.I. 1996/1863). That Order removed the Boroughs of Halton and Warrington from the County of Cheshire. Article 2 of this Order makes transitional provision relating to the proceedings of the Cheshire police authority. Article 3 amends the description of the Cheshire police area in Schedule 1 to the Police Act 1996 to take account of the structural change.

(1)1992 c. 19.

(2)1996 c. 16.

(3)1992 c. 14; section 39(1)(b) of that Act was amended by section 27(1) of the Police and Magistrates' Courts Act 1994 (c. 29) and paragraph 1(2) of Schedule 7 to the 1996 Act.

Made in Toronto, Canada

Address

Terms of Use

Read the Terms of Use Agreement to see the terms that apply to your use of our products (including this website).
Our service is entirely run by computer algorithms. Translations are not human-vetted. There may be inaccuracies in information due to our algorithmic extraction of information. Always consult the official source when making use of legal information.